hypertension Senseless Denial And Forced To Use An Attorney ! Unbelievable. !

[DocNyger]

Hello fellow vets, I hope all is well and still in the fight. I am new to the site and welcome any and all comments please... I served for 12 years , I've been involved in 3 wars. I separated in August 2003. In March 2005 I filled a claim for 4 contentions. I finally heard about my denial in Nov 2008. The reasoning that VA stated my denials were that even though the QTC doctors documented favorable statements , he didn't state it was from the military. ( I read the exact notes and he did state back issues, knee issues, hypertension, and depression were from my time in the military ). I also stated the locations on my original claims and sent in multiples documentation via hand delivery to my Regional office, faxing my VSO, and certified mail with Return Receipt. In the denial section the Va stated that there was nothing in my medical records. I filled a NOD in Feb 2009 and to date that appeal is still on phase 1...:(. I started to wonder if it's just me or does the Va really denies veterans for no reason..) So I'm waiting !!!!!

In Mar 2011 I filed for PTSD , and PFB (shaving). I've submitted documentation for both the same vehicles that I did before. I received countless messages from VA stating they need sudden information... The same info I sent.... So I called my VSO again, met with her and gave the same copies I sent in, she supposedly walked it up and personally put it in my C -file. Well later I finally got scheduled for a c and p for PTSD. Nothing for PFB. My initial exam was by a mental health doctor at the Va who verbally told my the she was new to the field and after the exam was over, she diagnosed me with major depression and hypertension, she stated that there were multiple symptom for ptsd but unsure if they meet criteria 1 for PTSD and referred me to a Va contracted mental doctor. My treatment started in the beginning of 2012. During his ignition evaluation, he diagnoses me with probable ptsd. He explained to me why, because he just met me and wanted to spend time with me. Well on Apr 25 2013 I was diagnoses with PTSD have severe symptoms. Now all my records were sent to Va and I once again hand delivered them and got the regional acceptance stamp. In the end of October I received a letter stating that the Va wanted me to go to another c and p for PTSD. I called my VSO and explained what was going on and she just stated " I guess you need to be there" ... Why do I have to go through four different evaluations.!!! I truly thought this was crazy. Well I reported to the c and p examination and I experience a very rude ,biased, and incompetent person I have ever dealt with in my 41 years of living. He asked me two question. Do I drink and how often? And how much do I spend on alcohol a month. That's it !!!! Nothing about PTSD symptoms or nothing. I filled out a form asking what are my symptoms which I stated everything from my treatment records. This guy didn't put anything that I verbally stated or written. He had this ( what ever attitude). Not even 10 min later he stated it's done. You probably won't get it... And left the room.

Well I finally left 5 minutes later when he didn't returned, later in Nov 2013 I received a denial letter stating I was denied because I don't have a current diagnosis of PTSD, even though my treatment notes states probable ptsd the recent ptsd exam did not diagnosis me with PTSD. I was floored !!! I ordered I copy of the exam to find out that the examiner diagnosis me with substance abuse... What !!! No one even looked at my records. I went to my regional office again and spoke to another VSO. I showed him the diagnosis from the contracted mental doctor for PTSD back in April and he supposedly walked it up to the raters. He came back and told me that they said there wasn't a signature from the doctor. I pointed out the electronically signature that many doctor uses, then the VSO stated that it does stated that it's a diagnosis, I stated and showed him in the right corner where it states Confirmed Diagnosis ptsd 309. Etc and severity of symptoms., then I was told that the raters said that they would challenge the diagnosis... At that point I said I'll get an attorney because this is not right and the VSO stated " why would you want to do that, they will take all your money" .. Of course I left and found a good attorney who took my case and was shocked how the Va handle my case. The attorney stated that the Va is famous for creating bad evidence to out way the good .. Is that true? What do you think about my case? I'm sorry for the long message .. Just need to vent and my wife is getting tired of the nightmares, isolation, and me talking about it... Thank all of you in advance for your comments and advice !!!

Edited May 19, 2014 by DocNyger

[63SIERRA]

sounds like they kept sending you to CP exams until a doctor gave u a negative opinion. welcome to the VA today. your in the right place now, read, read, read. knowledge is your power in this fight, and persistance is your armor. The va takes advantage of your ignorance. Read chapter 38 cfr, and spend abt an hour a night reading on Had it, and you can turn the battleship around, and win.

[Stretch]

The VARO and VAMC can say some of the most rediculous absurd things in order to reject a VET. Don't feel rejected it is just that they do not have anything and are pumping you for any negative information that you will provide to them.

It was good you got a lawyer. If you would have stayed with the VSO remember 0% of 0 = 0.

I think you made a good decision.

Yes, the VA will weigh the evidence sometimes even though it is there own evidence repeating their own evidence. This is really sick.

[Slowlane]

It is not until you get to the BVA stage that 38 CFR starts to get some attention..........like...... "at least as likely as not".........and......."duty to assist".

[Chuck75]

So what else is new? The VA raters frequently seem to make an off the wall decision to deny, or occasionally , to award.

One of the great mysteries is what drives the decision one way or another, since it frequently flies in the face of the law and "rules".

Why should the VA go out of it's way to generate "negative" evidence? And then, when all else fails, force veterans into the flawed and overloaded appeals process?

Veterans have long speculated as to the reasons, but there is no real proof. As long as veterans have very limited rights of discovery, and the VA can stand behind such things as legions of lawyers, "presumption of regularity", argue against a courts authority, etc., we will likely never know.

When the VA ignores congress queries, refuses to provide information, and so forth, how can you expect them to respond properly to mere mortal veteran's requests?

The VA has had too many problems for far to many decades. It's time for veterans to drive changes that are significant, rather than just patches on the patches.

A significant change that just might work in forcing reform on the medical side would be to allow veterans a freer choice in where to obtain medical services, a VA facility, or community medical facilities and resources. Perhaps the VA should be required to pay disabled veterans medicare premiums, co-pays, etc. when veterans are better served by community medical resources. Allow veterans to "vote with their feet"!

as it is now, many pay medicare premiums, and the government unjustly benefits.

[TiredCoastie]

A significant change that just might work in forcing reform on the medical side would be to allow veterans a freer choice in where to obtain medical services, a VA facility, or community medical facilities and resources. Perhaps the VA should be required to pay disabled veterans medicare premiums, co-pays, etc. when veterans are better served by community medical resources. Allow veterans to "vote with their feet"!

as it is now, many pay medicare premiums, and the government unjustly benefits.

A little off topic, but my personal fear is that we'll be driven the other direction. Those of us with "high" ratings will be forced to use VAMCs/CBOCs rather than outside resources. The argument will be that only the VA can provide the best, most cost effective care for disabled veterans.

Sure seems like there is a lot of disinformation around. The VSO which states a lawyer will take all your money obviously doesn't know federal law.

I've run into doctors and VA employees who were helpful as well as those who were certain anyone coming in for an exam was there to commit fraud. All you can do is stick to your guns and work your way through the process. The trouble is that the added stress doesn't make any of our conditions any better!

[Berta]

"I started to wonder if it's just me or does the Va really denies veterans for no reason..) "

I almost choked on my coffee on that one.

We have MANY long term hardcore VA claimants here.......mostly veterans, and a few widows of vets like me who they screw with denials, until we fight back.

I am a civilian but sometimes I think the VA gave me PTSD as well as PMS ( pissing and moaning syndrome)..

I have a special file of their BS collected for almost 20 years now, that reveals how illiterate some of them are.

"The attorney stated that the Va is famous for creating bad evidence to out way the good .. Is that true?"

Absolutely and Positively....we might even know who your lawyer is...Maybe he has been on one of our hadit radio shows.

Sierra here sort of reminded me of what I said to my daughter. ( 7 years USAF Intel ) when VA screwed up her very first dealing with them (Chap 35) some years ago,.

She called me up cursing so much over the letter she got from VA Educational Dept (an oxymoron sometimes) that I thought she had re -upped into the Marine Corps.

(not that Marines ever curse.....he he)

Seriously can you scan and post the most recent denial letter you got and attach it here?. We need to see the part under Reasons and Bases and also the Evidence list.

Cover your name, address, and C file number on the scan.